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An Act to amend The Highway Traffic Act 2

S.M. 1985-86, c. 13

An Act to amend The Highway Traffic Act 2

(Assented to July 11, 1985)

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

Definition of "commercial truck" am.

1

The definition of "commercial truck" in section 1 of The Highway Traffic Act, being chapter H60 of the Continuing Consolidation of the Statutes of Manitoba is amended by striking out sub-clauses (iv) and (v) thereof.

Subsec. 2(2) rep. and sub.

2

Subsection 2(2) of the Act is repealed and the following subsection is substituted therefor:

Exception for certain trucks.

2(2)

A truck that

(a) has a gross weight, including its load, not exceeding 3,700 kilograms, or is unladen or is carrying only the household goods or personal effects of the owner or driver thereof, including the luggage and equipment of a tourist or camper; and

(b) is not being used for a commercial purpose at the time;

is not a commercial truck solely by reason of the fact that it is being operated

(c) more than 30 kilometres from any city, town, or village, in the province other than The City of Winnipeg; or

(d) more than 20 kilometres from the City of Winnipeg.

Subsec. 180(5) rep. and sub.

3

Subsection 180(5) of the Act is repealed and the following subsection is substituted therefor:

Operation of farm truck for limited compensation.

180(5)

Notwithstanding subsection (4), a person may use a farm truck,

(a) to transport cereal grain, oil seeds or sugar beets from the farm where the crop was grown to a grain elevator or processing plant; or

(b) to transport vegetables or fruit from the farm where the crop was grown to a processing plant or to market; or

(c) in the case of a fire of or in a grain elevator, to transport grain stored in the grain elevator to a place directed by the owner of the grain elevator;

and may receive compensation therefor not to exceed indemnification for out of pocket expenses actually incurred in the performance of the transportation.

Subsec. 254(1) am.

4

Subsection 254(1) of the Act is amended by striking out therefrom the words and figures "section 68, 71 or subsection 86(2)" and substituting therefor the words and figures "section 68 or 71, subsection 86(2) or section 317".

Subsec. 281(1.1) added.

5

Section 281 of the Act is amended by adding thereto, immediately after subsection (1) thereof, the following subsection:

Sec. 48 of Public Utilities Board Act not to apply to transport board.

281(1.1)

Section 48 of The Public Utilities Board Act, does not apply to the transport board in the performance of its duties and the exercising of its powers, authority and jurisdiction as set out in clause (1)(n).

Subsecs. 284(3) to (6) added.

6

Section 284 of the Act is amended by adding thereto, immediately after subsection (2) thereof, the following subsections:

Leasing of public service vehicles.

284(3)

The holder of a certificate may perform authorized transportation in a public service vehicle the holder does not own, if the holder enters into a lease agreement in writing with the owner of the vehicle which includes the following terms :

(a) When the vehicle is to be operated for the lessee holder by the owner or an employee of the owner, the lease shall be for a specified term of not less than 30 days.

(b) The lessee holder shall have exclusive possession, control and use of the vehicle for the duration of the lease.

(c) The lessee holder shall assume complete responsibility for the operation of the vehicle for the duration of the lease.

(d) Such other terms as are prescribed by the transport board.

Registration of leased PSV.

284(4)

Notwithstanding anything in this Act, but subject to subsection (5), a public service vehicle, operated under the terms of a certificate, that is not owned by the holder of the certificate, shall be registered in the name of the owner, as lessor, and the certificate holder, as lessee.

Submission of particulars respecting leased PSV.

284(5)

A person making an application to register a public service vehicle that is leased shall furnish to the registrar

(a) the lease agreement, indicating the duration of the lease;

(b) the particulars of the leased public service vehicle, including make, model, year of manufacture, color and serial number of the vehicle being leased; and

(c) such other information as may be required by the registrar.

Transport board may determine ownership.

284(6)

Notwithstanding subsection (2), the transport board may conclusively determine whether or not a person owns a particular public service vehicle, for the purposes of this section.

Subsecs. 290(3.1) and (3.2) added.

7

Section 290 of the Act is amended by adding thereto, immediately after subsection (3) thereof, the following subsections:

Delegation of authority to grant temporary certificates.

290(3.1)

The transport board may authorize a member of its staff to make inquiry into an application for a temporary certificate, and to grant a temporary certificate to an applicant.

Duration of validity of temporary certificate.

290(3.2)

A temporary certificate issued under subsection (3.1) is valid for the period for which it is issued not exceeding 30 days.

Secs. 291 and 292 rep. and sub.

8

Sections 291 and 292 of the Act are repealed and the following sections are substituted therefor:

Maximum tolls established by transport board.

291(1)

No tolls shall be charged in respect of a public service vehicle in excess of the tariff of maximum tolls established by the transport board, unless the tolls are filed with and approved by the transport board.

Application to vary maximum tolls.

291(2)

Any interested person or any association on behalf of its members may apply to the transport board for a revision of the tariff of maximum tolls established by the transport board.

Fixed tolls established by transport board.

292

The transport board, in its sole discretion, may prescribed fixed or minimum tolls which motor carriers may lawfully charge for the transportation of a particular commodity or class of commodities, or which may lawfully be charged by a particular motor carrier or class of motor carriers, where it is in the public interest to do so.

Secs. 292.1 and 292.2 added.

9

The Act is further amended by adding thereto, immediately after section 292, the following sections:

Illegal tolls prohibited.

292.1(1)

No person shall charge, levy, or collect any tolls for any service as a motor carrier except in accordance with this Part.

Board may require tolls to be filed, etc.

292.1(2)

The transport board may require any holder of a certificate

(a) to file with the transport board actual tolls charged by the holder;

(b) to publish tolls charged by the holder in such manner as the transport board considers appropriate; and

(c) to provide to the transport board such rate information and related documentation as it requires.

Tolls detrimental to the public interest.

292.2(1)

The transport board may, on its own initiative or upon the complaint of any person, inquire into whether any toll charged by a holder of a certificate detrimentally affects the public interest.

Order by transport board following hearing.

292.2(2)

Where the transport board, after a hearing, finds that a toll charged by a holder of a certificate detrimentally affects the public interest, it may make an order providing for any one or more of the following matters :

(a) The prescription of such fixed or minimum or maximum tolls to be charged by the holder, as the board in the circumstances considers appropriate.

(b) The imposition of a fine of not more than $5,000.00 to be paid by the holder.

(c) The suspension, revocation or amendment of the certificate of the holder.

Subsec. 294(1) rep. and sub.

10

Subsection 294(1) of the Act is repealed and the following subsection is substituted therefor:

Application for renewal of motor carrier certificate.

294(1)

On or before the last day of February in each year, or within such further period as the transport board allows, every motor carrier, operating under a certificate and desiring to operate in the ensuing registration year, shall file with the registrar an application to the transport board for renewal of his certificate allowing him to operate in that registration year in accordance with the terms of his certificate and shall make an application to the registrar for a motor vehicle liability insurance card issued under The Manitoba Public Insurance Corporation Act or the regulations made thereunder.

Subsec. 294(2) am.

11

Subsection 294(2) of the Act is amended by striking out the word "certificate" in the 1st line thereof and substituting therefor the word "renewal".

Subsec. 300(1.1) added.

12

Section 300 of the Act is amended by adding thereto, immediately after subsection (1) thereof, the following subsection:

Imposition of fine by transport board.

300(1.1)

In lieu of a revocation, alteration or amendment of a certificate under subsection (1), the transport board may impose a fine of not more than $5,000.00 on the person whose certificate is subject to a revocation, alteration or amendment.

Sec. 316 am.

13

Section 316 of the Act is amended

(a) by adding thereto, at the end of clause (b) thereof, the word "or"; and

(b) by striking out all the words and figures of the section immediately after clause (b) thereof and substituting therefor the following clauses, words and figures :

(c) knowingly enters into an arrangement with a motor carrier for the provision of transportation services which the motor carrier is not authorized to perform under this Part; or

(d) obtains or attempts to obtain the transportation of property at tolls not authorized by the transport board; or

(e) transports or attempts to transport persons or property at tolls not authorized by the transport board;

is guilty of an offence and is liable on summary conviction for a first offence to a fine of not less than $200.00 or more than $2,000.00 and for a second or subsequent offence, to a fine of not less than $500.00 or more than $5,000.00.

Sec. 317 am.

14

Section 317 of the Act is amended

(a) by adding thereto, at the end of clause (b) thereof, the word "or";

(b) by adding thereto, immediately after clause (b) thereof, the following clauses:

(c) provides a transportation service which the holder is not authorized to provide under the terms of the certificate;

(d) counsels another person to violate any provision of the Act or condition of a certificate or to provide a transportation service which is not authorized under this Part; and

(e) by striking out all the words and figures thereof, immediately after the word "not" in the last line thereof and substituting therefor the words and figures "less than $500.00 or more than $5,000.00".

Commencement of Act.

15

This Act comes into force on a day fixed by proclamation.

Note: Sections 2 to 5, 7 and 10 to 14 were proclaimed in force September 30, 1985. See Manitoba Gazette No. 39 September 28, 1985, page 1493.